10Exclusion from specified classes of information—materially enhanced information

10 Exclusion from specified classes of information—materially enhanced information

(1) Subject to subsection (2), this section applies to information (materially enhanced information) where: (a) the information was wholly or partly derived through the application of insight or analysis to information to which subsection 7(1) applies (source material); and (b) that insight or analysis: (i) was applied by, or on behalf of, the entity that holds the information or on whose behalf the information is held; and (ii) rendered the information significantly more valuable than the source material.

Note 1: The materially enhanced information may have been derived entirely from information to which subsection 7(1) applies, or from a combination of information covered by subsection 7(1) and other information. It is only necessary for the application of insight or analysis to render the information significantly more valuable than the inputs covered by subsection 7(1).

Note 2: The application of insight or analysis may have rendered the information more valuable than the source material by enhancing its usefulness, usability or commercial value.

Note 3: This section excludes materially enhanced information from the class of information specified by subsection 7(1) of this instrument. However, such information may nonetheless be ‘CDR data’ due to paragraph 56AI(1)(b) of the Act, which captures information that is wholly or partly derived from information that falls within a class of information specified in this instrument.

Publicly available information is not excluded from specified class (2) Subsection (1) does not apply where: (a) the information is publicly available; or (b) an Australian law (other than the Act) requires the disclosure of the information to one or more of the following: (i) the public; (ii) a person to whom a product has been or is being supplied; (iii) a class of persons that includes the person mentioned in subparagraph (ii). (3) To avoid doubt, the following information is not materially enhanced information: (a) a calculated balance; (b) an amount of interest earnt or charged; (c) a fee charged; (d) a reference number, including a routing number, a clearing house number or a swift code; (e) information identifying a person, body, product, transaction or account; (f) information mentioned in paragraph 7(2)(d) (about an authorisation); (g) the categorisation of source material based on a feature of the product to which it relates, including categorisation by the fees or interest rates applicable to the product; (h) information that results from filtering or sorting source material by reference to a: (i) date, period or amount; or (ii) categorisation of a kind mentioned in paragraph (g).